Not all Buffalo personal injury lawsuits run smoothly for the plaintiff from start to finish. When a party disagrees with a ruling of the court or even the decision of the jury, it is possible to appeal that decision to a higher court. Obviously, whether an appeal is worthwhile hinges on the specific facts of the personal injury lawsuit.
In Buffalo personal injury lawsuits, appeals would be made to the Appellate Division of the Fourth Department – one of four appellate division courts that sit below the highest court in the state, the Court of Appeals. If a party wishes to appeal it usually must provide notice of this intent to the court and the opposing party within thirty days of the lower court’s decision being filed.
Once the notice has been served on the opposing party, the party that is making the appeal has sixty days to “perfect” the appeal. This generally means providing the appellate court with the record of what happened in the lower court and its brief explaining why it is appealing the lower court’s decision. If more than sixty days pass, the opposing party may make a motion requesting dismissal of the appeal.
Once the appeal is perfected, the opposing party has thirty days to submit a responding brief. Once this brief is submitted, the party raising the appeal has ten days to file a reply. The Appellate Division for the Fourth Department, however, has authority to alter these dates and frequently provides the parties with “hard” dates by which it wants documents submitted. Once all the documents are in, a date will then be set for oral argument, which is typically a few months after the last submission is made.
Once oral argument is completed, the court usually issues it decision regarding the appeal of the lower court’s ruling in the personal injury lawsuit within a few weeks.
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